Applicants for Federal employment, current and former employees, agencies and annuitants who appeal a determination made by the Commission.

This system of records contains information or documents relating to a decision and determination made by the Commission affecting an individual. The records consist of the initial grievance, complaint, or appeal, letters of notices to the individual, records of hearings when conducted, materials placed into the record to support the decision or determination, affidavits or statements, testimony of witnesses, investigative reports, notice of decision and related correspondence, opinions and recommendations.

42 U.S.C. 1975d(a)

Federal Personnel Regulation (FPM) 293

Federal Personnel Regulation (FPM) 771

Federal Personnel Regulation (FMP) 752

The records and information in the records may be used to respond to a request from a member of Congress regarding the status of an appeal, complaint or grievance; to provide information to the public on the decision of an appeal, complaint or grievance required by the Freedom of Information Act; to respond to a court subpena and/or refer to a district court in connection with a civil suit; to adjudicate an appeal, complaint, or grievance; as a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or personnel resources studies; may also be utilized to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act or to locate a specific individual for personnel research or other personnel management functions; and to provide information or disclose to a Federal agency, in response to another agency's request, in connection with the hiring or retention of an employee.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

These records are maintained in secured file folders, and index card.

These records are indexed by the names of the individuals on whom they are maintained.

Access to and use of these records are limited to those persons whose official duties require such access. Personnel screening is employed to prevent unauthorized disclosure.

The records are maintained up to two years and are transferred to the National Personnel Records Center, St. Louis, Missouri. They are destroyed by the Federal Records Center when the records are seven (7) years old.

Office of Management

Personnel Officer

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Individuals who have filed appeals or grievances are aware of that fact and have been provided a copy of the record. They may, however, contact the:

Office of General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW, Room 600

Washington, DC 20425

Same as above with appeal to the Staff Director.

Individuals to whom the record pertains; agency and/or Commission officials; affidavits or statements from employees; testimony of witnesses; official documents relating to the appeal, grievance, or complaints; and correspondence from specific organizations or persons.

Exemptions: The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

-002Applications for Employment.>

U.S. Commission on Civil Rights

Office of Management

Personnel Division

1121 Vermont Avenue, NW, Room 507

Washington, DC 20425. Occasionally located on a temporary basis in divisional or regional offices.

Applicants seeking employment with the U.S. Commission on Civil Rights.

The system comprises S.F. 171's, personal resumes, and in many instances Civil Service Commission examination scores of individuals seeking employment with the Commission on Civil Rights.

Information in these records may be used to refer applicants to the various offices of the Commission for purposes of consideration for placement in positions for which the applicants have applied and are qualified. The records are available to personnel specialists who review the applicants' qualifications and consider them for appropriate agency vacancies.

Records including Standard Forms 85, 86, 87 and 171 are also transmitted to the Civil Service Commission for investigative purposes and assistance to the Agency in selecting employees.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

The records are maintained in file folders.

In some regional and divisional offices, the records are retrieved by name. In the Personnel Office, the records are recorded by name and grade in a log book. They can also be retrieved, however, by grade classification.

Access to these records are restricted to those with appropriate function within the agency.

In divisional or regional offices, the records are retained for an indefinite period of time. They are then forwarded to the Personnel Office or discarded. In the Personnel Office, every year the applications are returned to the applicants for update and resubmission if applicants are still interested in employment with the Commission.

Personnel Officer

Office of Management, Room 507

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

Office of General Counsel, Room 600

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Address inquiries same as Notification, with appeals to the Staff Director.

Information submitted by applicants seeking employment with the Commission.

Records are maintained by the name of the person filing the complaint and by the name of the person or organization the complaint is filed against.

The record contains the complaint alleging a denial of equal protection based on race, color, religion, national origin, or sex or in the Administration of Justice and the action taken by the Commission on that complaint.

42 U.S.C. 1975c(a)(1) and (5)

The record is used to assist in resolving complaints alleging denials of rights based on race, color, religion, national origin, or sex or in the Administration of Justice. Users of the record are the person or persons, groups, corporations or governmental agencies against whom the complaint is made and the Commissioners and Commission staff dealing with the complaint, as well as Federal or State agencies to which complaints may be referred. (Subject to the requirements of 42 U.S.C. 1975a(e).)

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

Records are maintained on paper.

Records are indexed by subject matter, name of the complaining person or persons and the name of the persons, groups, corporations or governmental agencies against whom the complaint is brought.

Records are maintained in file cabinets during the course of the complaint investigation and for a reasonable period of time afterwards until they are retired to the National Archives.

Director

Office of Management

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

Staff Director

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Complaints are received from the public; responses are received from those the complaint is filed against; further information is developed by Commission staff during the course of dealing with complaints.

The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

-004Commission Projects.>

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Members of the public from whom the Commission has sought information; individuals active or interested in civil rights issues who have information on project subject areas; public and private individuals with civil rights responsibilities; and Congress persons.

Reports from staff field investigations; interview reports; hearing files; transcripts; letters to and from individuals regarding civil rights; reports and publications prepared by governmental agencies and private groups and individuals concerning civil rights; reports from Commissioners regarding civil rights; communications between the Commission and other governmental agencies and between the Commission and private groups and individuals generated in the course of project investigations; Commission reports and publications.

Project files have been compiled by the following offices: Office of Staff Director; Office of General Counsel; Office of Research, Office of National Civil Rights Issues; Women's Rights Program Unit; Office of Program and Policy Review; Office of Federal Civil Rights Evaluation; Regional Office Liaison Unit.

42 U.S.C. 1975c

Records are used to determine what projects the Commission should initiate; records are used as background and supporting material for the conduct of Commission projects; records are used during Commission hearings; records are used as background and supporting material in the preparation of Commission reports and publications. Primary users of these records are Commissioners and staff of the U.S. Commission on Civil Rights in the conduct of projects. The 51 State Advisory Committees to the Commission make use of project records in carrying out their advisory functions. Records are also available, in part, to use by the public upon request under the Freedom of Information Act. (Subject to 42 U.S.C. 1975a(e).)

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

Material is maintained in the form of typed paper copy.

System is indexed by project title, subject matter, and by name of person or organization.

Records are kept in file cabinets during the project and for a reasonable time thereafter, and are retired to the National Archives when the records no longer serve a continuing use.

Director

Office of Management

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeal to the Staff Director.

Members of the public, Commissioners, State Advisory Committee members, and Commission staff.

The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

-005Information on Commissioners, Staff and State Advisory Committee Members, Past and Present.>

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Office of the Staff Director

Public Affairs Office

Regional Office Liaison Unit

All Regional Offices

Commissioners who are appointed by the President and confirmed by members of the Senate; State Advisory Committee members appointed by the Commissioners, and information on past Commissioners and advisory committee members. Limited information is kept on former employees in this system; also limited information is included on potential State Advisory Committee members.

Contains rosters of Commissioners, State Advisory Committee members and staff; biographical information, and correspondence between the individual Commissioners, Advisory Committee members and staff. Staff lists reflect position and grade level.

42 U.S.C. 1975; and sec. 1975d(a) and (c)

Information (names, rosters) is maintained for distribution to the public, and for mailing Commission materials and publications. Rosters containing names of employees, position and grade level are used to review staffing patterns, personnel practices, hirings and separations. Biographical data on advisory committee members is reviewed by the Commissioners and staff in selecting, reappointing or rechartering State Advisory Committees. Biographical data on the Commissioners is also made available to the public.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

Information is stored in file folders.

Information is retrieved by subject matter, i.e., Commissioners, a named State Advisory Committee, or staff; and then by individual name.

Information is contained in unlocked file drawers with access limited to staff who manage or assist in activities relating to the categories of individuals covered.

Information is kept in files during current tenure of Commissioners, Advisory Committee members, and staff. Upon resignation or change of membership files are retained for 2-3 years and then retired to the National Archives.

Director

Office of Management

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW, Room 502A

Washington, DC 20425

For State Advisory Committee files:

Director, Regional Office Liaison Unit

U.S. Commission on Civil Rights

Regional Office Liaison Unit

1121 Vermont Avenue, NW, Room 500

Washington, DC 20425

Director

Public Affairs Unit

1121 Vermont Ave., NW

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above for notification with appeals to the Staff Director.

Individual to whom the record pertains; personnel office and some members of the general public.

Equal Employment Opportunity: All employees of the Commission. Troubled Employee Program: Employees with personal problems which detract from job effectiveness (alcoholism, drug abuse, mental stress, etc.). Upward Mobility: Clerical employees who are eligible for entry into the program or who are participating in the program.

Equal Employment Opportunity: Open and restricted investigative files pertaining to equal employment opportunity complaints and problems. Troubled Employee Program: Records are confidential and contain data regarding employees enrolled in the program, what assistance or counselling is received, and related information. Upward Mobility: Records of enrollment in training or educational programs, class progress and grades, as well as promotions or advancements within the Commission.

Equal Employment Opportunity: Used by Equal Employment Opportunity director, counsellors, investigators and other agency officials where appropriate to resolve discrimination complaints. After disposition is made of the case, files are reviewed by the Office of General Counsel and where appeals are taken, files are reviewed by hearing officers and Civil Service Board of Appeals and Review. Where court actions are filed, records are reviewed by the courts and attorneys for the parties.

Equal Employment Opportunity records are used to meet Civil Service Commission and Federal employment reporting requirements.

Troubled Employee Program files are used by the Equal Employment Opportunity director and supervisory or management personnel in determining the prognosis, need for counselling, or other action in individual cases.

Upward Mobility files are used to counsel employees and supervisors; to monitor the effectiveness of the program, the training received, on-the-job experience and overall progress of the participants. Records in the Equal Employment Opportunity and Upward Mobility Programs are used to assist the agency in developing its Affirmative Action program.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Records are maintained in the Office of the Director, Equal Employment Opportunity with access limited to the staff of that office. Investigative files (Equal Employment Opportunity) are retained in secured file cabinets.

Troubled employee files are maintained in locked file cabinets and are unavailable to agency staff (except the Equal Employment Opportunity Director) in their entirety, however extractions are made as necessary for management decisions.

Upward Mobility files are maintained in the same office. The Equal Employment Opportunity director and the Federal Women's Program Coordinator are the primary users of these records with extracts made available to Personnel, supervisors or others within management. Upon completion of the program some of this data may be placed in the Official Personnel Folder.

Director of Equal Employment Opportunity

Office of Staff Director

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeals to the Staff Director.

The employee in the program, supervisors, management and co-workers, educational institutions, trainers, medical officials and other third parties dealing with covered employees.

The reasons for asserting the exemptions are to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, primarily, to facilitate proper selection or continuance of the best applicants or persons for a given position.

-007Personnel Records.>

U.S. Commission on Civil Rights

Office of Management

Personnel Division

1121 Vermont Avenue, NW, Room 507

Washington, DC 20425

Office of the Staff Director

Office of Management

Office of Information and Publications

Office of General Counsel

Office of Program and Policy Review

Regional Office Liaison Unit

Office of Research

Office of Federal Civil Rights Evaluation

Office of National Civil Rights Issues

All Regional Offices

Current Commission employees and those formerly employed by the Commission.

This system consists of a variety of records relating to personnel actions and determinations made about an individual while employed at the Commission. These records contain information about an individual relating to his birth date; Social Security Number; veterans preference; tenure; handicap; past and present salaries, grades, and position titles; letters of commendation, reprimand, charges, and decisions on charges; notice of reduction-in-force; locator files; personnel actions, including but not limited to, appointment, reassignment, demotion, detail, promotion, transfer, and separation; training; minority group designator; records relating to life insurance, health benefits, and designation of beneficiary; training; performance ratings, data documenting the reasons for personnel actions or decisions made about an individual; awards; and other information relating to the status of the individual.

42 U.S.C. 1975d(a); and Federal Personnel Regulations, Chapter 293

Information in these records is used or a record may be used by agency officials for purposes of review in connection with appointments, transfers, promotions, reassignments, adverse actions, disciplinary actions, and determination of qualifications of an individual. Records are used to provide information to a prospective employer of a Commission employee or former employee.

These records are used in accordance with Civil Service Commission notices of Systems of Personnel Records including as a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies; may also be utilized to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act or to locate specific individuals for personnel research or other personnel management functions.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

(1) To the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services Federal Parent Locator System (FPLS) and Federal Tax Offset System for use in locating individuals and identifying their income sources to establish paternity, establish and modify orders of support and for enforcement action.

(2) To the Office of Child Support Enforcement for release to the Social Security Administration for verifying social security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement.

(3) To Office of Child Support Enforcement for release to the Department of the Treasury for purposes of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verifying a claim with respect to employment on a tax return.

Storage:

Records are maintained in file folders, in file cabinets with access limited to those persons whose official duties require access. Personnel screening is employed to prevent unauthorized disclosure.

The Official Personnel Folder (OPF) is retained indefinitely. The OPF is sent to the National Personnel Records Center within 30 days of the date of the employee's separation from the Federal service. Some records such as letters of reprimand, indebtedness, and vouchers are maintained for two years or destroyed when an individual resigns, transfers, or is separated from the Federal service.

Office of Management

Personnel Officer

1121 Vermont Avenue, NW, Room 507

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeals to the Staff Director. Former Federal employees who wish to contest their records should direct such a request in writing to:

Director

Bureau of Manpower Information Systems

U.S. Civil Service Commission

1900 E Street, NW

Washington, DC 20415

Information in this system of records either comes from the individual to whom it applies or is derived from information he/she supplied, except information provided by agency officials.

-008Resource and Consultant.>

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Office of Staff Director, Room 800

Women's Rights Program Unit, Room 503

Office of General Counsel, Room 600

Public Affairs Unit, Room 700 All Regional Offices:

Central States Regional Office, U.S.C.C.R.

911 Walnut Street

Kansas City, Missouri 64106

Mid-Atlantic Regional Office, U.S.C.C.R.

2120 L Street, NW, Room 510

Washington, DC 20037

Midwestern Regional Office, U.S.C.C.R.

230 South Dearborn Street, 32nd Floor

Chicago, Illinois 60604

Mountain Rocky Regional Office, U.S.C.C.R.

Executive Tower Inn

1405 Curtis Street, Suite 1700

Denver, Colorado 80202

Northeastern Regional Office, U.S.C.C.R.

26 Federal Plaza, Room 1639

New York, New York 10007

Southern Regional Office, U.S.C.C.R.

Citizens Trust Bank Building, Room 362

75 Piedmont Avenue, NE

Atlanta, Georgia 30303

Southwestern Regional Office, U.S.C.C.R.

New Moore Building, Room 249

106 Broadway

San Antonio, Texas 78205

Western Regional Office, U.S.C.C.R.

312 North Spring Street, Room 1015

Los Angeles, California 90012

Northwestern Regional Office

Federal Building

915 Second Avenue, Room 2852

Seattle, Washington 98174

Individuals with expertise and experience in civil rights matters; consultants, conference participants, appointees to Federal employment, boards of directors, state advisory committees, contractors, and other organizations.

Information is referred to other Commission offices upon request for use in recruitment of employees, for use in obtaining information on persons interested in serving on advisory committees, or providing potential resource or consultant assistance to the agency. Data is shared with non-agency requesters where individuals have consented or data is of a public nature. Mailing lists and rosters are used for correspondence between the Commissioners, staff, advisory committees and members of the public; also for dissemination of information where appropriate.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Records are on paper in file folders. Most data are stored strictly by project and subject title. Project directors and division heads are primary personnel using the system. Women's Rights Program Unit: Resumes are filed by name in the Unit's locked file cabinets; access is available to Unit staff and, on occasion, to other Commission supervisory staff and hiring officials. Office of General Counsel and Public Affairs Unit: Data is stored in file cabinets with limited access. These records are kept for an indefinite period of time within the agency and subsequently retired to the National Archives when the project file is inactive.

Director

Office of Management

U.S. Commission on Civil Rights, Room 502A

1121 Vermont Avenue, NW

Washington, DC 20425

Office of General Counsel, Room 600

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeal to the Staff Director.

Biographical information and background information is obtained from the individual; resumes and S.F. 171's are also obtained from the individual. Other information is obtained from newspapers, magazines, and public sources.

-009State Advisory Committee Project Files.>

Regional Office Liaison Unit

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425 Regional Offices:

Central States Regional Office, U.S.C.C.R.

911 Walnut Street

Kansas City, Missouri 64106

Mid-Atlantic Regional Office, U.S.C.C.R.

2120 L Street, NW, Room 510

Washington, DC 20037

Midwestern Regional Office, U.S.C.C.R.

230 South Dearborn Street, 32nd Floor

Chicago, Illinois 60604

Mountain Rocky Regional Office, U.S.C.C.R.

Executive Tower Inn

1405 Curtis Street, Suite 1700

Denver, Colorado 80202

Northeastern Regional Office, U.S.C.C.R.

26 Federal Plaza, Room 1639

New York, New York 10007

Southern Regional Office, U.S.C.C.R.

Citizens Trust Bank Building, Room 362

75 Piedmont Avenue, NE

Atlanta, Georgia 30303

Southwestern Regional Office, U.S.C.C.R.

New Moore Building, Room 249

106 Broadway

San Antonio, Texas 78205

Western Regional Office, U.S.C.C.R.

312 North Spring Street, Room 1015

Los Angeles, California 90012

Northwestern Regional Office

Federal Building

915 Second Avenue, Room 2852

Seattle, Washington 98174

Members of the public from whom staff or advisory committee members seek information in connection with a project or their advisory function; individuals active or interested in civil rights issues in their States and local communities; public and private individuals with civil rights responsibilities.

Reports from staff field investigations; interview reports; informal hearings or open meetings files; transcripts; letters to and from individuals regarding civil rights, reports and publications prepared by governmental agencies and private groups and individuals concerning civil rights; reports from State Advisory Committee members concerning civil rights; communications between the State Advisory Committees and State, local and Federal governmental agencies and between the State Advisory Committees and private individuals and groups generated during the course of State Advisory Committee project investigations; Commission reports and investigations. (Subject to the requirements of 42 U.S.C. 1975a(e).)

Project files by the 5l State Advisory Committees have been compiled by the Regional Office Liaison Unit in Washington, DC and in the following regional offices:

Records are used to determine what projects State Advisory Committees should initiate and as background and supporting material for the conduct of State Advisory Committee projects; records are used by State Advisory Committees as background and supporting material for the preparation of State Advisory Committee reports and recommendations to the U.S. Commission on Civil Rights. Primary users of these records are State Advisory Committee members and Commission staff assisting State Advisory Committees in the conduct of projects. State Advisory Committee records are available, in part, to the public upon request under the Freedom of Information Act. (Subject to 42 U.S.C. 1975a(e).)

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Storage:

Records are stored on paper.

Records are indexed by project title, subject matter and within these categories by name of individuals and organization.

Records are maintained by the Regional Office Liaison Unit in the headquarters office in Washington, DC. and in the regional offices.

Director

Regional Office Liaison Unit

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeal to the Staff Director.

Members of the public, State Advisory Committee members, Commissioners and Commission staff.

The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability of obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

-010Travel, Payroll, Time and Attendance of Commissioners, Staff, Consultants, and State Advisory Committee Members.>

Records consist of manual files containing payroll related information for staff and consultants. Payroll and time and attendance records and information includes many records or information also maintained in the Official Personnel Folder and related files maintained in accordance with Civil Service Commission regulations and of which notice has been given by the Civil Service Commission in its notice of government-wide systems of personnel records. Payroll and related information consists of various forms which discloses on a biweekly, year-to-date, and in some cases, an annual basis, payroll and leave data for staff and consultants relating to rate and amount of pay, leave, and hours worked, and leave balances; tax and retirement deductions; life insurance and health insurance deductions; savings allotments, savings bond and charity deductions.

For all categories of individuals covered, records include mailing addresses and home addresses, travel requests and travel vouchers where appropriate, statements of per diem and expense allowances.

Official travel records for the Commission are maintained by the General Services Administration.

Relevant records in this system are referred to the General Services Administration for preparation of payroll; to meet government payroll recordkeeping and reporting requirements; and for retrieving and supplying payroll and leave information as required for agency needs. Travel records or vouchers may be used for purposes of providing reimbursements to covered individuals for travel expenses and/or record of official travel. Relevant records in this system may be referred as a routine use, to the Department of Justice or other appropriate Federal agency for investigating or prosecuting any violation of any Federal law or requirement thereunder.

Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

Routine uses of records maintained in this system shall include providing a copy of an employee's Department of the Treasury Form W-2, Wage and Tax Statement, to the State, city, or other local jurisdiction which is authorized to tax the employee's compensation. The record will be provided in accordance with a withholding agreement between the State, city, or other local jurisdiction and the Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520, or in the absence thereof, in response to a written request from an appropriate official of the taxing jurisdiction to the Director, Office of Management, U.S. Commission on Civil Rights, who will forward the request to the General Services Administration for appropriate action. The request must include a copy of the applicable statute or ordinance aurhorizing the taxation of compensation and should indicate whether the authority of the jurisdiction to tax the employee is based on place of residence, place of employment, or both.

Pursuant to a withholding agreement between a city and the Department of the Treasury (5 U.S.C. 5520), copies of executed city tax withholding certificates shall be furnished the city in response to a written request from an appropriate city official to the Director, Office of Management, U.S. Commission on Civil Rights, who will forward the request to the General Services Administration for appropriate action.

Storage:

Maintained in individual folders for each category of individuals covered.

Files are maintained in alphabetical order by category and by name.

Maintained in areas to which access is controlled by or restricted to Commission management personnel.

In accordance with General Services Administration requirements for financial/ payroll/travel related records.

Budget and Finance Officer

Office of Management

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Office of General Counsel

U.S. Commission on Civil Rights

1121 Vermont Avenue, NW

Washington, DC 20425

Same as above with appeal to the Staff Director.

Provided by Civil Rights Commission employees and all categories of individuals covered.

Public Welfare U.S. Commission on Civil Rights MATERIALS AVAILABLE PURSUANT TO 5 U.S.C. 552a

Sec.

705.1 Purpose and scope.

705.2 Definitions.

705.3 Procedures for requests pertaining to individual records in a system of records.

705.4 Times, places, and requirements for identification of individuals making requests and identification of records requested.

705.5 Disclosure of requested information to individuals.

705.6 Request for correction or amendment to record.

705.7 Agency review of request for correction or amendment of the record.

705.8 Appeal of an initial adverse agency determination.

705.9 Disclosure of records to a person other than the individual to whom the record pertains.

705.10 Fees.

705.11 Penalties.

705.12 Special procedures: Information furnished by other agencies.

705.13 Exemptions.

705.95 Accounting of the disclosures of records.

Authority: 5 U.S.C. 552a.

Source: 67 FR 70482, Nov. 22, 2002, unless otherwise noted.

§ 705.1 Purpose and scope.

(a) The purpose of this part is to set forth rules to inform the public regarding information maintained by the United States Commission on Civil Rights about identifiable individuals and to inform those individuals how they may gain access to and correct or amend information about themselves.

(b) The rules in this part carry out the requirements of the Privacy Act of 1974 (Public Law 93-579) and in particular 5 U.S.C. 552a as added by that Act.

(c) The rules in this part apply only to records disclosed or requested under the Privacy Act of 1974, and not to requests for information made pursuant to the Freedom of Information Act, 5 U.S.C. 552.

§ 705.2 Definitions.

For the purpose of this part:

(a) Commission and agency mean the U.S. Commission on Civil Rights;

(b) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence;

(c) Maintain includes maintain, collect, use, or disseminate;

(d) Record means any item, collection, or grouping of information about an individual that is maintained by the Commission, including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual;

(e) System record means a group of any records under the control of the Commission from which information may be retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to that individual;

(f) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided in 13 U.S.C. 8;

(g) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose that is compatible with the purpose for which it was collected;

(h) Confidential source means a source who furnished information to the Government under an express promise that the identity of the source would remain confidential, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence; and

(i) Act means the Privacy Act of 1974, Public Law 93-579.

§ 705.3 Procedures for requests pertaining to individual records in a system of records.

(a) An individual seeking notification of whether a system of records contains a record pertaining to him or her or an individual seeking access to information or records pertaining to him or her, that are available under the Privacy Act of 1974, shall present his or her request in person or in writing to the General Counsel of the Commission.

(b) In addition to meeting the requirements set forth in § 705.4(c) or (d), any person who requests information under the regulations in this part shall provide a reasonably specific description of the information sought so that it may be located without undue search or inquiry. If possible, that description should include the nature of the records sought, the approximate dates covered by the record, and, if known by the requester, the system in which the record is thought to be included. Requested information that is not identified by a reasonably specific description is not an identifiable record, and the request for that information cannot be treated as a formal request.

(c) If the description is insufficient, the agency will notify the requester and, to the extent possible, indicate the additional information required. Every reasonable effort shall be made to assist a requester in the identification and location of the record or records sought.

§ 705.4 Times, places, and requirements for identification of individuals making requests and identification of records requested.

(a) The General Counsel is the designated Privacy Act Officer for the Commission.

(b) An individual making a request to the General Counsel in person may do so at the Commission's headquarters office, 624 9th Street, N.W., Washington, D.C. 20425, on any business day during business hours. Persons may also appear for purposes of identification only, at any of the regional offices of the Commission on any business day during business hours. Regional offices are located as follows:

Region I: Eastern Regional Office, Washington, DC

Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.

Region II: Southern Regional Office, Atlanta, Georgia

Florida, Georgia, Kentucky, North Carolina, South Carolina, and Tennessee.

(c) An individual seeking access to records in person may establish his or her identity by the presentation of one document bearing a photograph (such as a driver's license, passport, or identification card or badge) or by the presentation of two items of identification that do not bear a photograph, but do bear both a name and address (such as a credit card). When identification is made without photographic identification, the Commission will request a signature comparison to the signature appearing on the items offered for identification, whenever possible and practical.

(d) An individual seeking access to records by mail shall establish his or her identity by a signature, address, date of birth, and one other identification, such as a copy of a driver's license, passport, identification card or badge, credit card, or other document. The words Privacy Act Request should be placed in capital letters on the face of the envelope in order to facilitate requests by mail.

(e) An individual seeking access in person or by mail who cannot provide the required documentation of identification may provide a notarized statement, swearing or affirming to his or her identity and to the fact that he or she understands that there are criminal penalties for the making of false statements.

(f) The parent or guardian of a minor or a person judicially determined to be incompetent, in addition to establishing the identity of the minor or incompetent person he or she represents as required by paragraphs (a) through (c) of this section, shall establish his or her own parentage or guardianship by furnishing a copy of a birth certificate showing parentage or court order establishing guardianship.

(g) An individual seeking to review information about himself or herself may be accompanied by another person of his or her own choosing. In all such cases, the individual seeking access shall be required to furnish a written statement authorizing the discussion of his or her record in the presence of the accompanying person.

§ 705.5 Disclosure of requested information to individuals.

The General Counsel, or one or more assistants designated by him or her, upon receiving a request for notification of the existence of a record or for access to a record shall:

(a) Determine whether such record exists;

(b) Determine whether access is available under the Privacy Act;

(c) Notify the requesting person of those determinations within 10 (ten) working days (excluding Saturdays, Sundays, and legal public holidays); and

(d) Provide access to information pertaining to that person that has been determined to be available.

§ 705.6 Request for correction or amendment to record.

(a) Any individual who has reviewed a record pertaining to him or her that was furnished to him or her under this part may request the agency to correct or amend all or part of that record.

(b) Each individual requesting a correction or amendment shall send the request to the General Counsel.

(c) Each request for a correction or amendment of a record shall contain the following information:

(1) The name of the individual requesting the correction or amendment.

(2) The name of the system of records in which the record sought to be amended is maintained.

(3) The location of the record system from which the record was obtained.

(4) A copy of the record sought to be amended or a description of that record.

(5) A statement of the material in the record that should be corrected or amended.

(6) A statement of the specific wording of the correction or amendment sought.

(7) A statement of the basis for the requested correction or amendment, including any material that the individual can furnish to substantiate the reasons for the amendment sought.

§ 705.7 Agency review of request for correction or amendment of the record.

Within ten (10) working days (excluding Saturdays, Sundays and legal public holidays) of the receipt of the request for the correction or amendment of a record, the General Counsel shall acknowledge receipt of the request and inform the individual that his or her request has been received and inform the individual whether further information is required before the correction or amendment can be considered. Further, the General Counsel shall promptly and, under normal circumstances, not later than thirty (30) working days after receipt of the request, make the requested correction or amendment or notify the individual of his or her refusal to do so, including in the notification the reasons for the refusal and the procedures established by the Commission by which the individual may initiate a review of that refusal. In the event of correction or amendment, an individual shall be provided with one copy of each record or portion thereof corrected or amended pursuant to his or her request without charge as evidence of the correction or amendment. The Commission shall also provide to all prior recipients of such a record, the corrected or amended information to the extent that it is relevant to the information previously furnished to a recipient pursuant to the Privacy Act.

§ 705.8 Appeal of an initial adverse agency determination.

(a) Any individual whose request for access or for a correction or amendment that has been denied, in whole or in part, by the General Counsel may appeal that decision to the Staff Director of the Commission, 624 9th Street, NW., Washington, DC 20425, or to a designee of the Staff Director.

(b) The appeal shall be in writing and shall:

(1) Name the individual making the appeal;

(2) Identify the record sought to be amended or corrected;

(3) Name the record system in which that record is contained;

(4) Contain a short statement describing the amendment or correction sought; and

(5) State the name of the person who initially denied the correction or amendment.

(c) Not later than thirty (30) working days (excluding Saturdays, Sundays, and legal public holidays) after the date on which the agency received the appeal, the Staff Director shall complete his or her review of the appeal and make a final decision thereon, unless, for good cause shown, the Staff Director extends the appeal period beyond the initial thirty (30) day appeal period. In the event of such an extension, the Staff Director shall promptly notify the individual making the appeal that the period for a final decision has been extended.

(d) After review of an appeal request, the Staff Director will send a written notice to the requester containing the following information:

(1) The decision; and if the denial is upheld, the reasons for the decision;

(2) The right of the requester to institute a civil action in a Federal District Court for judicial review of the decision if the appeal is denied; and

(3) The right of the requester to file with the Commission a concise statement setting forth the reasons for his or her disagreement with the Commission's decision denying the request. The Commission shall make this statement available to any person to whom the record is later disclosed together with a brief statement, if the Commission considers it appropriate, of the agency's reasons for denying the requested correction or amendment. These statements shall also be provided to all prior recipients of the record to the extent that it is relevant to the information previously furnished to a recipient pursuant to the Privacy Act.

§ 705.9 Disclosure of records to a person other than the individual to whom the record pertains.

(a) Any individual who desires to have his or her record disclosed to or mailed to a third person may authorize that person to act as his or her agent for that specific purpose. The authorization shall be in writing, signed by the individual, and notarized. The agent shall also submit proof of his or her own identity as provided in § 705.4.

(b) The parent of any minor individual or the legal guardian of any individual who has been declared by a court to be incompetent, due to physical or mental incapacity, may act on behalf of that individual in any matter covered by this part. A parent or guardian who desires to act on behalf of such an individual shall present suitable evidence of parentage or guardianship by birth certificate, copy of a court order or similar documents, and proof of the individual's identity as provided in § 705.4.

(c) An individual to whom a record is to be disclosed, in person, pursuant to this part may have a person of his or her own choosing accompany the individual when the record is disclosed.

§ 705.10 Fees.

If an individual requests copies of his or her records the charge shall be three (3) cents per page; however, the Commission shall not charge for copies furnished to an individual as a necessary part of the process of disclosing the record to an individual. Fees may be waived or reduced in accordance with § 704.1(e) of this chapter because of indigency, where the cost is nominal, when it is in the public interest not to charge, or when waiver would not constitute an unreasonable expense to the Commission.

§ 705.11 Penalties.

Any person who makes a false statement in connection with any request for a record, or in any request for an amendment to a record under this part, is subject to the penalties prescribed in 18 U.S.C. 494 and 495.

§ 705.12 Special procedures: Information furnished by other agencies.

When records or information sought from the Commission include information furnished by other Federal agencies, the General Counsel shall consult with the appropriate agency prior to making a decision to disclose or to refuse to disclose the record, but the decision whether or not to disclose the record shall be made by the General Counsel.

§ 705.13 Exemptions.

(a) Under the provision of 5 U.S.C. 552a(k), it has been determined by the agency that the following exemptions are necessary and proper and may be asserted by the agency:

(1) Exemption (k)(2) of the Act. Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of the Privacy Act: Provided, however, That if any individual is denied any right, privilege, or benefit that he or she would otherwise be eligible for, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identify of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to [the effective date of this section], under an implied promise that the identity of the source would be held in confidence.

(2) Exemption (k)(4) of the Act. Statistical personnel records that are used only to generate aggregate data or for other evaluative or analytical purposes and that are not used to make decisions on the rights, benefits, or entitlements of individuals.

(3) Exemption (k)(5) of the Act. Investigatory material maintained solely for the purposes of determining an individual's qualifications, eligibility, or suitability for employment in the Federal civilian service, Federal contracts, or access to classified information, but only to the extent that disclosure of such material would reveal the identity of the source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence.

(4) Exemption (k)(6) of the Act. Testing or examination material used solely to determine individual qualifications for promotion or appointment in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process.

(b) Following are Commission systems of records that are partially exempt under 5 U.S.C. 552a(k)(2), (4), (5), and (6) and the reasons for such exemptions:

(1) Appeals, Grievances, and Complaints (staff)--Commission Project, CRC-001. Exempt partially under 5 U.S.C. 552a(k)(2). The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

(2) Complaints, CRC-003--Exempt partially under 5 U.S.C. 552a(k)(2). The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

(3) Commission projects, CRC-004--Partially exempt under 5 U.S.C. 552a(k)(2). The reasons for asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

(4) Other Employee Programs: EEO, Troubled Employee, and Upward Mobility, CRC-006--Partially exempt under 5 U.S.C. 552a(k)(4), (5), and (6). The reasons for asserting the exemptions are to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, primarily, to facilitate proper selection or continuance of the best applicants or persons for a given position.

(5) State Advisory Committees Projects, CRC-009--Partially exempt under 5 U.S.C. 552a(k)(2). The reasons for possibly asserting the exemptions are to prevent subjects of investigation from frustrating the investigatory process, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources.

§ 705.95 Accounting of the disclosures of records.

(a) All disclosures of records covered by this part, except for the exemptions listed in paragraph (b) of this section, shall be accounted for by keeping a written record of the particular record disclosed, the name and address of the person or agency to whom or to which disclosed, and the date, nature, and purpose of the disclosure.

(b) No accounting is required for disclosures of records to those officials and employees of the Commission who have a need for the record in the performance of their duties or if disclosure would be required under the Freedom of Information Act. 5 U.S.C. 552.

(c) The accounting shall be maintained for 5 years or until the record is destroyed or transferred to the National Archives and Records Administrator for storage, in which event, the accounting pertaining to those records, unless maintained separately, shall be transferred with the records themselves.

(d) The accounting of disclosures may be recorded in any system the Commission determines is sufficient for this purpose, however, the Commission must be able to construct from its system a listing of all disclosures. The system of accounting of disclosures is not a system of records under the definition in § 705.2(e) and no accounting need be maintained for disclosure of the accounting of disclosures.

(e) Upon request of an individual to whom a record pertains, the accounting of the disclosures of that record shall be made available to the requester, provided that he or she has complied with § 705.3(a) and with § 705.4(c) or (d).